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Report on Country of Origin Labeling Requirements

See also NTA's Summary of Country of Origin Labeling Requirements.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain.

Determining Country of Origin for Wearing Apparel.

United States Customs laws require that all wearing apparel articles produced abroad be marked for country of origin. The specific rules for determining origin can be found in Section 102, Customs Regulations (19 CFR 102).

Marking Requirements for Wearing Apparel

All wearing apparel items must be marked with the name of the country of origin by means of a fabric label unless a precedent exists which has ruled in favor of another form of marking. Following are the general rules for locating such a fabric label on upper and lower body garments.

In the case of garments that cover the upper torso such as shirts, blouses, coats, sweaters, dresses and similar apparel, country of origin marking must be placed on the “inside center of the neck midway between the shoulder seams or in that immediate area” as ruled by Customs in T.D. 54640 (6).

“Trousers, slacks, jeans and similar wearing apparel must be marked by means of a permanent label affixed in a conspicuous location on the garment, such as the inside of the waistband” as ruled by Customs in T.D. 71-264(3). This principle would apply as well to shorts, skirts and similar garments.

Special Marking Rulings

Reversible garments fall within the exception to the aforementioned neck marking requirements. A reversible front to back ladies tank top was found to be properly marked by means of permanent sewn-in label on the inside lower side seam and a hang tag securely attached at the neck in HQ 733890 dated December 31, 1990. And, in HQ 734692 dated October 31, 1992 it was ruled that a reversible jacket could be marked with a sewn-in label at the inside pocket in combination with a hang tag attached to the front zipper closure.

Men’s or ladies’ two or three piece suits may be marked in the jacket of the suit if bought and sold as a unit when all pieces are made in the same country as ruled in ORR Ruling 331-69 dated August 19, 1969.

Men’s dress shirts packaged in transparent poly bags should be marked at the neck so the ultimate purchaser can easily read the label without opening the packaging. See HQ 732374 dated July 7, 1989.

Garment and belt made in the same country and imported and sold together as a unit - the garment only may be marked, if found to reasonably indicate to the ultimate purchaser the country of origin of the belt as well. See HQ 734222 dated December 9, 1991 and ORR Ruling 331-69 dated August 19, 1969.

In several rulings, Customs has held that bulk packages of work gloves (usually 1 dz. pairs to a polybag), which are given to employees, may be excepted from individual marking provided that the gloves reach the "ultimate purchaser" (normally an industrial plant) in outside containers (poly bags) properly marked with the origin of the gloves and the Customs Port Director is satisfied that the gloves will be used only in the manner described. Gloves that are not contained in a poly bag but are fastened only by a paper band which may easily become detached or ripped from the gloves, may not be excepted from individual marking, as ruled in HQ 734681, dated October 16, 1992. However, Customs has held that cloth work or garden gloves may be marked to indicate the country of origin by means of a heavy paper folder which securely fastens the gloves together, as long as the country of origin is shown in a legible and conspicuous manner. See Treasury Decision (T.D.) 75-222, dated September 4, 1975. Gloves may be marking with a hang tag instead of sewn-in labels or ink stamps, so long as the country of origin is on the front of the hand tag in reasonable proximity to the glove size, as ruled in HQ 731061, dated July 28, 1988.

Neckties and scarves which are accessory articles rather then wearing apparel with a neck opening must be marked with a sewn-in label in a conspicuous place on the article, see HQ 559620 dated May 17, 1996. However, shawls, scarves, mufflers, mantillas, and veils containing 70 percent or more by weight of silk or silk waste classified under 6214.10.10 Harmonized Tariff Schedule of the United States, as in effect on January 1, 1997, (HTSUS), or to articles provided for in heading 5007 of the HTSUS as in effect on January 1, 1997 (woven fabrics of silk or silk waste) are not subject to the marking requirements of 19 U.S.C. 1304(a) and (b). See 19 U.S.C. 1304(h).

Textile belts may be marked with a hang tag in a conspicuous place and in a manner which assures that unless deliberately removed will remain on the article until it reaches the ultimate purchaser as ruled in HQ 733139 dated April 6, 1990.

Tie or scarf sold as an accessory to an accompanying blouse, all made from the same fabric and design, imported, sold and intended to be worn exclusively together - the tie or scarf loses its separate identity when combined and sold with the blouse. As such, only the blouse requires marking in accordance with HQ 729594 dated August 12, 1986 and HQ 733099 dated May 30, 1990.

Wearing apparel sold without normally being opened by the ultimate purchaser in sealed packages may be marked on the container in accordance with 19 U.S.C. 1304 (b). See HQ 732572 dated June 7, 1990 regarding infant socks packed in a sealed disposable clear plastic bag with a cardboard advertising card marked for country of origin; HQ 733796 dated June 10, 1991 regarding disposable one-time use undergarments packed in heat sealed polybags with a paper label insert marked with country of origin; and HQ 730910 dated September 6, 1988 regarding baby booties sold in disposable packages marked for country of origin.

Marking When Name of Country or Locality Other Than Country of Origin Appears

19 CFR 134.46 states: “in any case in which the words ‘United States,’ or ‘American,’ the letters ‘U.S.A.,’ any variation of such words or letters, or the name of any city or location in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced appear on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, there shall appear legibly and permanently in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by ‘Made in,’ ‘Product of,’ or other words of similar meaning.”

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